If you have been wronged by a medical professional or medical facility, you may have a claim for compensation under medical negligence law. Medical negligence is known as medical malpractice or health law, which can be a very complex area of personal injury litigation.

Shine Lawyers have a team of medical negligence lawyers that can help you find out if you have a case, and bring forward a claim for compensation on your behalf. Our medical negligence lawyers can also provide information around Cerebral Palsy compensation claims and medical misdiagnosis claims.

Common questions about medical negligence claims

What is the medical negligence legal process?
How do I know if I have a medical negligence claim?
How do I make a medical negligence compensation claim?
What do I have to pay if I make a medical negligence claim?
What can I claim medical negligence compensation for?
How much can I receive in medical negligence compensation?
How long does a medical negligence claim take?
Is there a time limit on when I can bring forward a medical negligence claim?

 

What is the medical negligence legal process?

Shine Lawyers have expert medical negligence lawyers that can advise you of your rights under Queensland law. Every person’s situation is different, and no two cases are the same, but the below process generally represents how someone moves through the legal process with Shine Lawyers.

Personal Injury Lawyers Claims Process
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How do I know if I have a medical negligence claim?

If you have been wronged at the hands of a medical professional or facility, you may be entitled to make a claim for medical negligence compensation. This area of law is very complex, and your ability to bring forward a claim depends on the facts of your particular situation.

Shine Lawyers can help you find out if you have a medical negligence claim and explain your rights and entitlements under Queensland law.

The below are some examples of what can often fall under medical negligence law

  • Cerebral Palsy claims
  • Medical misdiagnosis claims
  • Failure to diagnose a condition
  • Failure to treat a condition or refer you to a specialist as soon as possible
  • Failure to Monitor your condition
  • Failure to provide reasonable care after your operation
  • Not testing properly for conditions such as Downs Syndrome
  • Errors during an operation, including damage to internal organs or nerves and not providing proper care after the operation.

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How do I make a medical negligence compensation claim?

Shine Lawyers are expert medical negligence lawyers who can help you in this complex area of law.  Thorough assessment of your situation and the particular facts of your case are important in establishing your right to compensation.

Generally, for a medical negligence compensation claim to be successful, lawyers will need to prove that:

  • The doctor or hospital’s treatment didn’t meet Australian Standards
  • The poor treatment resulted in suffering or injury to you
  • The physical or psychological harm was a direct result of the negligence.

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What do I have to pay if I make a medical negligence claim?

By law, all medical practitioners and facilities are required to have Professional Indemnity Insurance (PII). It’s this insurer who is liable to pay the money following a medical negligence compensation claim and not the individual doctor or staff of the hospital.

Shine Lawyers operate on a No Win No Fee guarantee, which means if you bring about a medical negligence claim for compensation with us, you won’t have to pay our legal fees unless we win your claim at the end.

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What can I claim medical negligence compensation for?

Each medical negligence claim is different and involves careful analysis of the facts to a particular situation.

Generally speaking, compensation is usually available for:

  • Pain and suffering as well as loss of enjoyment of life
  • Loss of life expectancy
  • Past and future loss of earnings
  • Care and help provided by friends or family
  • Paid care and help such as nurses, gardeners, etc
  • Past and future medical expenses, such as surgery and equipment
  • Home and car modification expenses
  • Costs associated with a trustee managing your money

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How much can I receive in medical negligence compensation?

The actual amount of compensation you are entitled to for a medical negligence claim varies depending on your situation and the facts of your case.

Most claims for compensation can be in the five or six figure range, however it is possible for compensation to reach seven figures depending on the severity of the injuries and impact on those involved.

Shine lawyers can provide expert medical negligence advice that includes guidelines as to what you could expect to receive as compensation for your particular situation.

Depending on the nature of your medical negligence claim, in most instances a monetary value is placed on the gap between your predicted life path before the injury, and your actual life path since the injury.

Compensation Lawyers

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How long does a medical negligence claim take?

The duration of a medical negligence claim is really dependant on the complexity of your case.

Once a lawyer knows the ins and outs of your case, they can give you a good idea of the timeframes involved with your compensation claim.

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Is there a time limit on when I can bring forward a medical negligence claim?

Yes. Most states and territories have a three year time limit in which you can claim medical negligence compensation. The three years typically run from the date the negligence occurred, or when it was first discovered.

There are exceptions to this and it is possible to make a claim outside the prescribed time limits, however we recommend you seek legal advice as soon as possible to ensure your right to make a claim is not jeopardised.

Shine lawyers have expert medical negligence lawyers that can help you establish if you have a compensation claim, and help you bring it forward under Queensland law.

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